Instructions For Form 1120-Reit - 2009 Page 16

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How to Report
See section 1563(d)(1) for the
Schedule L–Balance
definition of “stock” for purposes of
If the REIT checked the “Other” box,
determining stock ownership above.
attach a schedule showing the
Sheets per Books
computation of each item included in the
Question 5
The balance sheets should agree with the
total for line 6, Schedule J. In addition,
REIT’s books and records.
identify: (a) the applicable Code section;
Check the “Yes” box if one foreign person
Line 1. Cash. Include certificates of
(b) the type of taxes or interest; and (c)
owned at least 25% of (a) the total voting
deposits as cash on line 1.
enter the amount of tax or interest.
power of all classes of stock of the REIT
entitled to vote, or (b) the total value of all
Line 4. Tax-exempt securities. Include
Line 7–Total Tax
classes of stock of the REIT.
on this line:
State and local government obligations,
Include any deferred tax on the
The constructive ownership rules of
the interest on which is excludable from
termination of a section 1294 election
section 318 apply in determining if a REIT
gross income under section 103(a), and
applicable to shareholders in a qualified
is foreign owned. See section 6038A(c)(5)
Stock in a mutual fund or other RIC that
electing fund in the amount entered on
and the related regulations.
distributed exempt-interest dividends
line 7. See Form 8621, Part V, and How
during the tax year of the REIT.
to report, below.
Enter on line 5a the percentage owned
Line 24. Adjustments to shareholders’
by the foreign person specified in line 5.
Subtract from the total for line 7 the
equity. Examples of adjustments to
On line 5b, enter the name of the owner’s
deferred tax on the REIT’s share of the
report on this line include:
country.
undistributed earnings of a qualified
Unrealized gains and losses on
electing fund (see Form 8621, Part II).
securities held “available for sale.”
Note. If there is more than one
Foreign currency translation
25%-or-more foreign owner, complete
How to report
adjustments.
lines 5a and 5b for the foreign person with
Attach a schedule showing the
The excess of additional pension
the highest percentage of ownership.
computation of each item included in, or
liability over unrecognized prior service
subtracted from, the total for line 7. On
Foreign person. The term “foreign
cost.
the dotted line next to line 7, enter the
person” means:
Guarantees of employee stock (ESOP)
amount of tax or interest, identify it as tax
A foreign citizen or nonresident alien.
debt.
or interest, and specify the Code section
An individual who is a citizen of a U.S.
Compensation related to employee
that applies.
possession (but who is not a U.S. citizen
stock award plans.
or resident).
If the total adjustment to be entered
A foreign partnership.
on line 24 is a negative number, enter the
A foreign corporation.
Schedule K—Other
amount in parentheses.
Any foreign estate or trust within the
Information
meaning of section 7701(a)(31).
A foreign government (or one of its
Schedule M-1
Be sure to answer all the lines that apply
agencies or instrumentalities) if it is
to the REIT.
engaged in the conduct of a commercial
Reconciliation of Income (Loss)
activity as described in section 892.
Question 3
per Books With Income per
Check the “Yes” box if the REIT is a
Return
Owner’s country. For individuals, the
subsidiary in a parent-subsidiary
term “owner’s country” means the country
Line 5c. Travel and entertainment.
controlled group (defined below), even if
of residence. For all others, it is the
Include any of the following:
the REIT is a subsidiary member of one
country where incorporated, organized,
Meals and entertainment not deductible
group and the parent corporation of
created, or administered.
under section 274(n).
another.
Expenses for the use of an
Requirement to file Form 5472. If the
Note. If the REIT is an “excluded
entertainment facility.
REIT checked “Yes” to line 5, it may have
member” of a controlled group (see
The part of business gifts over $25.
to file Form 5472. Generally, a 25%
section 1563(b)(2)), it is still considered a
Expenses of an individual over $2,000,
foreign-owned corporation that had a
which are allocable to conventions on
member of a controlled group for this
reportable transaction with a foreign or
cruise ships.
purpose.
domestic related party during the tax year
Employee achievement awards over
must file Form 5472.
Parent-subsidiary controlled group.
$400.
The term “parent-subsidiary controlled
The cost of entertainment tickets over
See Form 5472 for filing instructions
group” means one or more chains of
face value (also subject to 50% limit
and penalties for failure to file.
corporations connected through stock
under section 274(n)).
ownership (section 1563(a)(1)). Both of
The cost of skyboxes over the face
Item 8
the following requirements must be met:
value of nonluxury box seat tickets.
Tax-exempt interest. Show any
The part of luxury water travel not
1. At least 80% of the total combined
tax-exempt interest received or accrued.
deductible under section 274(m).
voting power of all classes of voting stock
Include any exempt-interest dividends
Expenses for travel as a form of
entitled to vote or at least 80% of the total
received as a shareholder in a mutual
education.
value of all classes of stock of each
fund or other RIC.
Other nondeductible travel and
corporation in the group (except the
entertainment expenses.
parent) must be owned by one or more of
Item 9
the other corporations in the group and
For more information, see Pub. 542,
2. The common parent must own at
Enter the amount of the net operating loss
Corporations.
least 80% of the total combined voting
(NOL) carryover to the tax year from prior
Line 7. Tax-exempt interest. Include as
power of all classes of stock entitled to
years, even if some of the loss is used to
interest any exempt-interest dividends
vote or at least 80% of the total value of
offset income on this return. The amount
received by the REIT as a shareholder in
all classes of stock of one or more of the
to enter is the total of all NOLs generated
a mutual fund or other RIC.
other corporations in the group. Stock
in prior years but not used to offset
owned directly by other members of the
income in a tax year prior to 2009. Do not
Privacy Act and Paperwork Reduction
group is not counted when computing the
reduce the amount by any NOL deduction
Act Notice. We ask for the information
voting power or value.
reported on line 21a.
on this form to carry out the Internal
-16-

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